UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 2, 2011
LEROY DEWITT HUNTER,
DONNY YOUNGBLOOD, ET AL., DEFENDANTS.
ORDER DISMISSING EQUAL PROTECTION CLAIM FOR FAILURE TO STATE A CLAIM
(Docs. 31, 33, and 34)
Plaintiff Leroy Dewitt Hunter, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 3, 2007. On January 14, 2011, the Court screened Plaintiff's second amended complaint and found that Plaintiff stated a cognizable claim for relief against Defendant Parker for use of excessive force, in violation of the Due Process Clause, but it did not state a cognizable equal protection claim.*fn1 28 U.S.C. § 1915A. Plaintiff was ordered to either file a third amended complaint or notify the Court of his willingness to proceed only on his excessive force claim. On January 28, 2011, Plaintiff filed a notice of his willingness to proceed on the excessive force claim. Accordingly, it is HEREBY ORDERED that:
1. This action shall proceed on Plaintiff's second amended complaint, filed December 16, 2010, against Defendant Parker for use of excessive force; and
2. Plaintiff's equal protection claim is dismissed for failure to state a claim.
IT IS SO ORDERED.
CHIEF UNITED STATES DISTRICT JUDGE